The recent decision “Bausatz” of the German Federal Supreme Court dated February 13, 2020 (docket no. X ZR 6/18) is noteworthy for the clear illustration of the criteria the German Federal Supreme Court applies to the assessment of inadmissible extensions.

The Federal Supreme Court’s general approach is partially in contrast to the practice pursued by the Boards of Appeal of the EPO. The differences are of particular relevance for the allowability of claims containing (intermediate) generalizations of originally disclosed, more specific embodiments.

The entire contribution can be read here.

Summary provided by: Dr. Jasper C. Werhahn, Dr. Hans-Peter Felgenhauer and Dr. Tobias Wuttke